Judgment

DUA, J.: - The State of U. P. has appealed to this Court on certificate of fitness granted by the Allahdbad High Court from that Court s order dated January 18, 1968 acquitting the respondent of an offence punishable under Section 14 of the Foreigners Act (Act No. 31 of 1946). This appeal was originally heard by us on January 11 and l4, 1971, when it was considered desirable to send for the original records of the case from the Courts below and also to call for the file relating to the inquiry held by the Central Government under Section 9 (2) of the citizenship Act (Act No. 57 of 1955) into the question of the acquisition of citizenship of Pakistan by the respondent.

2. On July 11, 1963, the respondent was arrested for overstaying in India as a foreigner and on March 6, 1963, he was charged by the City Magistrate, Varanasi, with the commission of an offence punishable under Section 14 of the Foreigners Act, (Act No. 31 of 1946). The charge reads:

"I, D. S. Sharma City Magistrate, Varanasi hereby charge you Rahmatullah as follows

That you being a Pakistani citizen entered into India on 1-4-55 on Pakistani Passport No. 283772, dated 15-3-55 and Indian Visa No. 16326, Category C